right? get a friend. >> andrea: someone doesn't have a charge and willing to stay sober, charge your friends $10. and pick them up and drop them off. make cash. >> kimberly: key master. >> juan: high five from "the five" on that. too many people take it lightly. >> eric: we have to leave it there. going to greg but he went already. leave it there. thank you for joining us tonight and throughout the year. we have the greatest fans on the planet. thank you. we also wish a happy new year to bob and dana. cheers to you guys. here is to making my prediction the reality. "the five" number one in 2013. let's do it everybody. of course to the troops whose commitment to freedom keeps us safe, sound and secure. thanks to all. good night, everyone. be careful out there tonight. let's do this. >> kimberly: happy new >> bret: g.o.p. fury erupts over the senate fiscal cliff

bill. will the house try to amend that bill? if so, what happens next? this is "special report." ♪ ♪ >> bret: good evening. i'm bret baier. happy new year. here in washington, the first day of 2013 is looking a lot like the last day of 2019. what started out with hope and optimism for a deal, devol ofed quickly to uncertainty about the way forward. i'm talking about the fiscal cliff bill. we look like at the fiscal cliff, the house republicans are meeting to chart a way forward. the senate passed legislation with overwhelming support this morning. the fiscal cliff legislation. when it made its way across the capitol to the republican controlled house, g.o.p. lawmakers immediately expressed concern about the lack of spending cuts.

with the house majority leader publicly and bluntly stating he does not support the bill and the republicans are still at this time, as you look live behind the doors meeting at this hour, they are planning a vote series at some time. but we don't know when. it may include amending the senate bill and sending it back to the senate. meantime, house democrats are demanding a straight up-or-down vote on what came over from the senate. the late-breaking developments leaving the automatic spending cuts and tax increases tied to the fiscal cliff still in play right now. in a desperate race against a different clock, we have another free-flowing, fluid situation tonight. likely a lot of breaking news from capitol hill. we begin with fox team coverage. chief washington correspondent ed henry looks at the president's next move. chief congressional correspondent mike emanuel on where this all stands at this moment. we start with mike and i say "at this moment" because it has been every moment changing throughout the day.

>> that's right. good evening to you. house republican leaders spent time behind closed doors with the members trying to figure out a way forward. the bombshell announce fire department the house majority announcement today was he does not support the compromise. house republicans are complaining about a deal they did not negotiate about the lack of spending cuts. >> consensus that we have to in some ways address spending. people told me, they would rather increase taxes but we need to cut spending. >> part of the problem is it includes $650 billion in tax hike with $15 billion in spending cut and that comes out to $1 in cuts in $41 in taxes. recognizing there will be trouble attracting support for the bill, vice president joe biden returned to capitol hill again today to encourage house democrats to support the compromise he negotiated. after the meeting, the house democratic leaders pushed for up-and-down vote on the

package noting it's after the fiscal cliff deadline. >> taxes will go up on everybody in america if we don't act. those who are relying on unemployment insurance, million reconciliation relying up on unemployment insurance to support themselves and their families. if we don't act, we will be at risk. >> the leader emphasizeed bipartisan support up until now. >> a bill passed in the united states senate 89-8. tell me when you have had that on a measure as controversial as this. >> house republicans pushed for quick package arguing it's too late for amendments. >> too late in the game. a point in the deal where it's done, and we keep trying to tinker with it to make it perfect. >> the leadership team were not going to be rushed. >> they had months to look at that. now they are expecting to us vote on something that passed hours ago without reading it. i don't think so.

>> if we don't get the tackrate problem for all americans the economy is going to collapse, stock market will go down and the defense department will become unraveled. we are going to get blamed. so make it better if you can and save the powder for debt ceiling fight. >> as house republican leadership is considering the way forward, time is an issue. less than 48 hours from a congress being sworn in. moments ago, senate democratic leadership aide offered a threat saying that the speaker's office was kept apprised as the deal was going forward. no time to ping-pong offers back and forth. he says essentially if house republicans mess with the deal they got overwhelmingly bipartisan support, they will be responsible for the largest tax hike in american history. bret? >> bret: we are just getting

word that the senate majority leader harry reid adjourned the senate until noon tomorrow. what are the republicans saying about the possibility of amending the bill and what it means for the future of it if they choose to come out of the meeting and put the spending cuts in the bill. what are they saying about what it means? >> david dryer head of the house rules committee expressed concern about time being a factor. he expressed concern it could kill the bill and you'd have to start over with a new bill in the 113th congress that starts in less than 48 hours so there is concern about that. others are saying we were elected to cut spending in washington. we need to do this. the clock is running. waiting to see what they will do. >> bret: we'll watch it and head back to breaking news with you. what a difference a day makes? not even a day.

they were on their way to pass the legislation to avert the pain of self-imposed fiscal cliff and the trappings for the time being. tonight a different picture entirely. ed henry joins us live. what is the mood at the white house? >> they are watching and raising like the rest of us. there is no plan, not yet, for president to say anything. they believe with the senate republican leader mitch mcconnell on a limb, will be hard for speaker boehner not to pass this. >> biden enjoying a casual lunch with the staff. strolling back to white house saying the physical deal is still on track. >> i think so. >> basically air force one is on standby to take them back to hawaii as soon as the house approves the senate plan.

some house republicans say they will disrail it. >> if i was worried about a deal struck by president obama and the senate? no. >> democrats incyst it would be exercise in futility that could rattle world markets. >> mercifully, worst congress in history perhaps goes out of existence in two days. if they open this up on the floor and starting to amend, you know, we'll be swearing in the new congress while they are still acting out that drama. >> yet, conservative outrage over the deal is building. especially after the congressional budget office said legislation that was supposed to help cut the deficit will now add $3.6 trillion to the national debt over the next ten years. the architect of the senate deal minority leader mitch mcconnell notes it lacks in tax cut for large portion of the public. rattling it now would likely hand the blame to the republicans. >> i can speak to the entire

conference when i say we don't think taxes should be going up on anyone. but we all knew if we did nothing they would be going up on everyone today. we weren't going to let that happen. >> aide to the president incyst he was ready to agree to $1.2 trillion in spending cuts. in exchange for equal amount of tax increases during talks with speaker john boehner. yet, the republican walked away and got most of the tax hikes with virtually no spending cuts in what may be the first shot of the 2016 republican presidential primary, marco rubio became one of eight senators to oppose the deal. and tweeted, "how can barack obama call the proposal a debt reduction pack knowledge it uses tax increase to fund more spending and it increases the debt?" boehner is getting more cut over the fight over the debt creeling that expires in two months. white house aides think it could backfire, an advisor admitted it would be ugly. telling fox we're about to

enter 60 days of nastiness. i'm told the president has not spoken to speaker boehner since last friday when they had the summit of leaders here at the white house. the significance of that is that boehner made absolutely no promise to the president he is going to pass the legislation. let alone even bring it up. bret? >> bret: ed, you know, we talked a little bit about the timeline here. the new congress comes in thursday. at noon. so essentially, this senate bill has an expiration date of thursday at noon. at that point, they have to scrap the effort and start all over again. >> that's right. it's essentially the new fiscal cliff, that deadline. every piece of legislation passed by the house or the senate over the last two years completely expires with this current congress. so you've got to start from scratch. that gives opponents not just on the right, but on the left as well who were not happy with the bill to build opposition, whether it's organized labor or ors or conservatives. that is a huge problem. the president is silent right

now, you can guarantee if we move closer to the expiration date, the president will go out here and really engage the public to force the house to consider the bill before it expires, bret? >> bret: ed henry live on the north lawn. thank you. we'll go back to breaking news. we heard mike and ed tonight on the legislation and some of the sticking points here. now white house coapt wendell goler take -- correspondent wendell goler takes a more in-depth look at the bill that passed the senate this morning and is now considered in the house. >> the bill as amended is passed. >> the senate deal passed with overwhelming bipartisan support, extenting the bush era tax cuts for families making less than $450,000 a year and making the rates permanent. something that former president bush was unable to do a decade ago because he wasn't able to get two-third of the senate to go along. that part most republicans are happy with. >> it makes some things permanent; particularly, in the estate tax area. permanent fix to the amt.

so there are some actual things we do like about it. >> the deal seems 30 million people from having to pay the a terptive minimum tax indexing it to inflation. it raises the debt tax but has $5 million for individual estate and $10 million family estates like farms. but the payroll tax will go to 6.2%. inyees to cost the worker making $100,000 a year about $2,000 more. on the spending side, the deal extends the long-term unemployment benefit for another year. democrats incyst op it. >> it's critical. we want to talk about the real cliff. it's for the people who are about to lose the unemployment catch sation. if that is not in the deal, that dole is a real problem. >> five-year extension for stimulus tax credit for a terptive energy diversion and another year that businesses can take 50% bonus appreciation op new equipment and buildings. the deal puts off cuts in doctor's medicare payments for

another year and formally cancels assisted living entitlement in obamacare that the administration decided was unaffordable anyway. the catch-all measure extent the subsidy to keep the milk prices from spiking. lack of presidential agreement to cut spending means even if the senate measure passes the house, mr. obama can expect added pressure in weeks when the debt ceiling must be raised again. >> we made a mistake to increase the debt limit the first time and gave that guy all that money to buy votes with. we shouldn't make the same mistakes now. >> the president says the congress should don't that because it holds the credit rating hostage for partisan demand for spending cut bus the republicans say that is the only way the cuts will ever happen. bret >> bret: thank you. the fiscal cliff not the only thing that congress is dealing with. fox news learned the house plans to split the superstorm sandy aide bill to two parts. giving the lawmakers opposed to a large bill the ability to vote against it and vote on the other part so they don't

appear unwilling to help storm victims. the base would provide immediate funding to those affected by the october storm that devastated new york and new jersey coastlines. meanwhile, republicans are still meeting up on capitol hill. we have a live camera outside of that meeting. they are, the camera just shooting in and out there. they are meeting and those are the microphones they may come and talk to reporters after they finish that conference meeting. we are just getting word of something that perhaps is happening behind those doors. senior g.o.p. leadership aide is telling fox that the speaker presented his members two options. the first would be to make an amendment to the senate bill that would add a package of spending cuts. the whip, majority whip would do a whip check, vote check to see if the spending cut amendment could pass. if they get a commitment of 218 votes on the amendment, they will bring that to the floor and send it back to the senate. the speaker and leader were

cautioning about the risk of a strategy. they told them there is no guarantee the senate wouldk on it. they said if we cannot get the commitment of 218 votes tonight, as you look behind that meeting behind the closed doors they said if we cannot get 218 votes tonight we'll bring up the senate pass measure for up-or-down vote in the house. we will see what happens throughout this show coming up. keep it here on "special report."

>> bret: this is a fox news alert. looking live at the house side of the capitol, where the house g.o.p. has conference meeting behind the closed doors to plot a way forward. the senate bill is now over there. they are deciding whether they will amend the bill and send it back or have an up-or-down vote in the house, on the

fiscal cliff legislation. this is as markets in asia are set to open in 45 minutes. the u.s. markets tomorrow morning. we will keep an eye on the development on the hill. checking international headlines now, more than 60 people were killed in the ivory coast when new year's eve celebration turned to panic stampede. rescue workers incident said it took place over fireworks display and injuried 200 people. the death toll is expected to rise. gunmen ambush a van killing five female teachers and health workers in pakistan. the teachers were on the way home working from primary school for girls. the attack was a reminder of the risk to women and essential kateors. and aide workers from the islamic militants who opposed their work in that country. there were more than just fireworks lighting up the sky over iran with the new year's. the country has been spending

the last few days launching barrage of missile tests in the critical passal way for oil in the world. correspondent leland vittert with more on what is behind tehran latest saber rattling. >> in heavily publicly publicized war games on iran tv, iran knavery proudly showed off -- iran navy showed off the antiship vessels and mines, those to be used to disrupt shipping in the strait of hormuz. sea channel that cuts between uran and united arab emirates through a fifth of the world's oil flows. >> no oil will be transported through the strait, threatened the iran deputy head of the commission of foreign affairs. no matter by the tankers or the her chant ships he continued. since the 1980s, iran used the strait as strategic trump card against u.s. or western military intact and today made 30 warnings against foreign

reconnaissance aircraft and ships monitoring this week's drill in response to the attack comes as they enrich the 20% grade uranium an refusing access to international inspectors at the nuclear facility i those buried deep under ground. at current production, this summer the progress toward the nuclear bomb would reach the redline. famously drawn on a bomb diagram by the israeli prime minister at last year's united nations meeting. analysts say benjamin netanyahu drew the line where he felt israeli military strike could still significantly damage iran's nuclear program. although it's unclear how successful an israeli strike would be given the limit long range bombing capabilities. >> saber rattling is a cam pape topic of prime minister netanyahu, just like ire rainians love the talk about

closing strait of hormuz. many think netanyahu is an attack they wouldn't stand a chance to close the strait against the navy but we are entering another round of high-stakes brinksmanship. bret? >> bret: leland vittert in the middle east newsroom. thank you. back to the top story, the fiscal cliff legislation. as you look live on capitol hill. this conference meeting is coming to an end. the house g.o.p. conference meeting. the lawmakers are filing out there. the bells just rang; meaning, that the house session is going to go in to session in aboutbabout 15 minutes. they will vote on the nonfiscal cliff bills first. easier way for a head count and also the whiff vote if they are going to vote on the amendment to the bill, or an up-or-down vote on the original senate bill. we will have all of this, plus a live interview on the other side of this break. keep it here on "special report." [ male announcer ] coughequence™ #8. waking the baby. [ coughs ] [ baby crying ] ♪

[ male announcer ] robitussin® liquid formula soothes your throat on contact and the active ingredient relieves your cough. robitussin®. don't suffer the coughequences™. that make kids happy. and even fewer that make moms happy too. with wholesome noodles and bite sized chicken, nothing brings you together like chicken noodle soup from campbell's. it's amazing what soup can do.

>> bret: this is a fox news alert. congressman gomert up there, republican from texas. listen in for a second. >> unravel the compromise. >> it's tough signal in the basement of the house, beneath the house chamber. as you look this meeting, the g.o.p. conference meeting just breaking up. getting ready to head to the house floor, but they are going to vote on a number of nonfiscal cliff bills. and the own chad bergram say they're bed check votes to assess if everyone is there, the house members. and who is missing. how many votes the democrats and the republicans need to deliver. again, we talk about the senate intel in place. it's now sitting for the house to consider. this camera is positioned

outside the g.o.p. conference meeting that just is breaking up, as lawmakers are leaving. the senate bill if they don't choose to amend it. they will do, the republicans will do an up-or-down vote. the question is whether they can get a majority. 218 votes to pass that. to go to the white house and sign in law. fiscal cliff legislation failed out of the senate, 89 89-8, has hit an iceberg potentially. the house of representatives, concerns about the bill from the conservatives and liberals. fox business network anchor cheryl casone joins me in new york with a look at how investors here and abroad possibly may react to all of this. cheryl, happy new year first of all. >> happy new year. >> bret: the markets were closed for the holiday, but what effect will this have potentially when the trading opens back up? >> incredibly negative effect. there are a couple of things happening. we're 35 minutes away from tokyo's market opening. that will give us a first

clear indication of what the thought process is around the world about the problems as the roadblock if you will that we have hit in america. an australian trader sending a note out saying if the americans wake up on wednesday they have less money in their paychecks and they are paying more in taxes, there is no deal in washington, it will be a negative kickoff to world markets for the year. many world markets, in particular in asia, had strong performances. those performances could be in jeopardy as we begin 2013, the trading year anyway. london is opening around midnight our time. we have a lot to watch here. invesors do not like what they are seeing. fun to watch, if you like to watch politics and watch the been aor going back and forth. if you are an investor, you are angry. you don't like what you are seeing. >> bret: what about the bill specifically? are there specific part of the bill that the senate sent to the house investors and wall street don't like? >> a few things here that investors are worried about.

first off, the tax hike on the wealthy americans, certainly that was expected. investors knew that when they closed out trading monday evening. the limiting deduction for those making $250,000 or many is a big chunk rate. they make maybe not so great decisions in 2013, whether you buy a stock or a bond. that is an issue. capital gains taxes. permanent rise they propose on the senate. 20%. right there. and then the spending cuts. that is the lack of spending cut. the debt ceiling debate is a mini cliff if you will for many investors and traders. there will be so many more problems coming up in next six months out of washington. the spending is a big issue. s&p downgraded the credit agency of the councilmember. he and other ratings are watching the fight in washington if you will carefully. they will have to look and decide whether or not they

want to again re-evaluate the credit rating of the country, that affects the borrowing cost for the u.s. government, for states, cities. you name it. a lot of unanswered questions here right now. >> bret: cheryl casone in new york. cheryl, thank you. we will be watching the markets, especially the asian markets when they open in just 30 minutes. thank you. the question is now what happens with the u.s. house of representatives? how does speaker boehner move forward as the meeting is breaking up? we have inside scoop from behind those closed doors. and perhaps a strategy, path way forward. we have a live interview with the vice chairman of the budget committee. he will join us on the other side of this break. [ male announcer ] this is sheldo whose long day setting up the news

starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

>> bret: this is a fox news alert. looking live at the house floor gaveled back in session. take vote that don't deal with the fiscal cliff legislation and counting heads semily to see where the votes are. for the different options. one is to amend the senate bill and send it back to the senate. the other one is to do a straight up-or-down vote on the senate bill. joining us now for inside perspective on the g.o.p. conference meeting that just broke up a few minutes ago. bring in the republican congressman scott garrett from new jersey. the vice chairman of the house budget committee inside that meeting, just got out. congressman, thank you for joining us. busy night out there on the hill. what can you tell us about

what happened and what the strategy is for republicans going forward? >> the house has been put in this situation where because of the lateness of the senate vote as you well know. one or 2:00 in the morning, the senate did their thing. somebody said in conference nothing good happens at 2:00 in the morning. that is the case here. they sent us over a bill and trying to jam it on the house and leigh town as the senate wants to do. the house is industrying to do the responsible thing, leadership is trying to do the listening thing. out of conference, the leadership is throwing out a couple of options. you laid out options a moment ago. see if we get to that magic number of 218. >> bret: what is the feeling? when you look around the room and get a sense of the conference meeting there, do you get a sense that there are 218 members who want the amend the bill and send it back? >> i wouldn't want to be a whip right now, because i could not tell you walking out of that door there that there

were 218 votes this way or that way. literally why they have to do the whip on this. to get a sense of people going to the microphone. they are in a conference, raising concerns that we've been raising all along, the fact that the president said a long time ago that you can't cut your way to prosperity. instead, he wants to tax his way to prosperity. there is a still a strong pushback to that, we can't tax our way and raise taxes. that's what the members are anxious about. >> bret: the cbo score for senate bill has the increase, increase of spending each year. with over ten years the national debt, cine esing $4 trillion. -- increasing $4 trillion. you a fiscal conservative. you obviously have a problem with that. considering the implications of not acting, are you going to vote against the bill this? >> you raised your point. i have concern about the

increased spending but get an inside look at that. on some of the increase spending is what we call tax expenditure, the tax credit that most republicans would support or have supported in 2001 before i got here. some of that spending is tax credits, expenditures. >> bret: the big number. understood. >> you got it. on the other side of the equation, the second point of the question is this. going forward we should not look at a packal which is what the senate spent to us that is going to do what? raise the taxes, even on the small businesses, allowing that tax expenditures, or rather exemptions for big business to remain in place. that is what the senate has done here. small business, $450,000 to $1 million is still small business. you will see the taxes go up. bigger businesses, you will be treated favorably. that is what the president has been pushing all along and why some of us have concerns here. >> bret: that sounds like a

no. >> i have not been whipped yet soily wait until i go down the room to the hallway. >> bret: whipped means by the leaders of your party to be able to convince you to vote one or the other. >> that is the typical definition of whip. but there is no whipping. kevin mccarthy is doing a poll of the members, not twisting arms, not trying to force votes one way or another. he is literally trying to get a sense of the mood and feel of the congress, of the conference and go in that direction. >> bret: what about the dennis hastert rule? so-called majority. if speaker boehner gets to the point he does not have a majority of the caucus voting for the senate bill, that he would have to pass it with democrats' votes not majority of his own caucus, that he will move forward? >> that is an excellent question. you bring up a rule that goes back a few years. but in essence, that is what speaker boehner said.

he will take the conference now. either go in one or two directions. one tyrannosaurus rex he may decide to go in, depending on how the vote goes is do -- one direction he may decide to go in, depending on how the vote goes, give democrats for majority vote to pass legislation. good point. >> bret: scott garrett from new jersey. vice chairman of the house committee. we appreciate the time. >> pleasure to be with you. >> bret: we'll follow every development by the hour. >> thank you. >> bret: we're continuing to follow all of it as you look at the house floor. getting ready for votes. eventually they will see if the votes include the senate bill. whether to amend it, send it back. we'll check in with the fox all stars next.

where is flo? anybody know where flo is? are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. at explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! e power of the "name your price" tool. only from progressive.

the problem is, we're disappointed that the cuts are not there, that the president promised. that's what we'll go after if we go after anything. >> if they open it up to the floor and nothing to amend, we'll be swearing in a new congress. while they are still acting out the drama. >> the house must postpone this vote until congress and the american people have time to study and evaluate this extraordinarily complex legislation. >> this is all about time.

it's about time that we brought this to the floor. >> bret: that is the question. what will happen over the next few hours in the house of representativess? a number of different votes are happening but not the senate legislation of yet. house republican leaders say they will bring that up for a vote. but they also may amend it. depending on how their members decide if they have enough votes to bring it forward to amend. they don't think there are enough spending cuts in it. they will do that and send it back to the senate. opens up a whole nother set of questions. bring in the panel. steve hayes for "weekly standard." a.b. stoddard of the hill. syndicated columnist charles krauthammer. okay, a.b., we assessed late last night and early in the morning. your thoughts on what is happening today and what may happen? >> we can't be surprised the house republicans didn't like the bill, delay be in a tough situation if they round up 218 votes.

>> bret: to amend the deal. i would blow up the whole deal. then we look at new congress thursday and start from scratch. >> noon thursday the new congress is sworn in and like cinderella the bill will go away. turns if in to a much kin. >> we have eight new democrats in the house. new democrat senators. who are liberal. than they were dealing with before. the ratting of the market around the world. incredibly bully pull pill pressure from president obama. you are hearing two camps, conservatives like lindsey graham saying let's just get it done with. let's change, vote for a tax cut now. we have gone over the cliff. just do this. we'll get to spending cut in february when we try to increase the debt ceiling. democrats want an automatic increase. others are saying i'm not

going to spending for u.i. insurance. i don't like the patch for unemployment insurance or patch for the sequester. is no longer a difference on substance. >> behind this. cantor look at the bill, came out and said he was against the bill. he washingtoned in the second conference meeting shoulder to shoulder with john boehner show of solidarity publicly but said he was against the bill because of the spending cuts. back drama. thursday is the re-election of speaker boehner and the new congress. >> it's possible this is the prelude to a channel thursday.

it would be naked to do it. there are conservative in the republican caucus in the house who hate the bill. for good reason. this is a complete surrender on everything. the ratio of tax cut. or tax hike to spending cut is 40 to 1, rather than 1 to 1 or 1 to 2 or 1 to 3. a complete rout by the democrats. so it's understandable. i think what is likely to happen is that the leadership is going to look to get 218 it could secure to send the bill back to the senate. with equal number of spending cuts. boehner will have an open vote unwhipped, republicans will vote as they wish. they will probably be enough with all the democrats to pass this. add one thing.

if the republicans vote it down, they to do it at the same time, they have to announce hr-1 introduced thursday. the first bill of the new congress. which i would say should be exact replica that you pass obama cut, pure tax cut, as we went over the cliff. do it on income tax, capital gains. you are saying we'll introduce the cut thursday. clean bill. none of the other stuff in it, like the wind power credit and all of this other stimulus junk. that would be what theteams are demanding. give it to them on monday. -- thursday, it will be a pure tax cut. >> by the time you get there, you have a market retook whatever is happening in washington. the asian markets open in 15 minutes. tomorrow market reacting to

the past couple of days. steve, what about the premise they don't go forward with amending it. they pass it. all democratic votes and 40, 50 republican votes. >> that is probably the most likely outcome at this point unless they get to 218. it doesn't make sense to do this. the time to have had the fight over the substance in my view was in the past. i don't understand why there wasn't more coordination between the leaders in the house and senate on the republican side to get away from this. if you want to distance yourself, try to get this caines and create the caines a week or two ago and work together in both chambers in order to get the distance, let the democrats own it and walk away. it still would have required a couple dozen votes from the republicans in the house. in order to do that. but now you've got this hybrid situation where you have overwhelming support in the senate. that makes it more difficult

for house republicans and ensures the house republicans do what i think is probably smart thing to do on substance but not on taxes which is to vote against the bill. you ensure they get even more of the blame than they would have gotten had you done hit the way two weeks ago. >> bret: a.b., i should point out these are different votes we are looking at, on the screen. they don't deal with a fiscal cliff. tape freeze, and property. a bunch of votes that don't deal with the big issue we're talking about. bottom line, does this go through tonight? >> i don't think so. because they, they are going to have 36 hours. they have until 11:59 on thursday. they like the last minute. if they got this far over the cliff they'll keep going a whiling longer. we should say here the democrats don't love the bill. the house democrats all sign on to this. so if the democrats lose some and republicans are scrounging for their 40 to 50 -- >> bret: that is the key question today.

the house minority whip, steny hoyer would not answer the question how will votes will you bring to the table? how will democrats will you bring to the table if it's an up-or-down vote? that is a big question, too. >> if the president is behind it and the democratic controlled senate is behind it, i can't -- maybe a few left wing democrats, but you have the minority leader in the house supporting it. leadership supporting it strongly. i can't see the democrats losing more than a dozen of their caucus on the vote. they are going to get a huge number. it won't get a lot of republicans in the path. >> okay. we are following every minute. as it happens. up on capitol hill. we'll keep you updated here on the fox news channel. next up, new year's day. 2013. we thought we'd do resolutions for folks on both sides of the aisle here in washington. ♪

[ slap! ] [ slap! slap! slap! slap! ] ow! ow! [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium-rich tums starts working so fast you'll forget you had heartburn. ♪ tum tum tum tum tums

>> bret: it is a new year. and it's of course time to get all the resolutions in full gear. 2013 is here. we're back with the panel. we wanted to ask for resolutions for maybe both parties here in washington, for the year of 2013. steve? >> i would think for republicans, the resolution should be to discipline themselves to see evening through the prism of 2014. and 2016. and in the context of the current discussions and congressional republicans that would mean don't go for the short-term hit or what feels good. look at the longer term hit. serious consequences and problems implementing obamacare. there are longer terrell thing that add up to benefit of

republicans if they don't shoot themselveses in the foot for the short-term. try not to demagogue opponents at every step on every issue. >> bret: a.b.? >> i think that the republicans, think about the next two elections and the coition will to put together to be majority g.o.p.ing party a win back the white house. to that end they need to get out in front of the immigration and the gun control debate. we might stay on the cliff all year and never get to the two debates. the point if they want to win over more voters in the groups, the democrats won so well in november, they are going to need to start to shift on the issue, show the electorate they are listening and really change and be flexible. instead of say nothing come up with the own proposal like senator rubio was trying to do with the dream act this year. i think that would be the best thing for them. especially since this continued life on the cliff is making them look worse and

worse. for the democrats, life on the cliff not yet exposed the division in that party over the refusal to rein in entitlement spending and the denial about it. >> bret: although, do you believe there are more and more articles and columns that deal with the, you know, the charges of failed presidential leadership as opposed to congressial -- >> i think president obama deserves credit in july of 2011 and last month with boehner in negotiations lunching forward on the medicare reform that his party is divided over, not united behind. it's time for him to push his party to get behind them or we are going to have a forcing of that. >> bret: charles? >> house republicans, when you go in to negotiations with obama, you will be asked to give up your sword and your shirt. leave the room make sure you have your trousers. looking at the bill from the senate, they were trouserless. this has not been a good

negotiating session. obama every morning he needs to wake up and try to go with before the fall. you won the election. you know it. the republicans know it. and you are entitled to certain things. but if you repeat what you did on monday which was a victory lap in the cusp of the conclusion of negotiations where you rub the republicans' nose in the fact that you force them to raise the rates and then you say you think you have spending afterwards, you are not going to get any spending cuts afterwards. he is oaf his own cliff. what he needs to remember is one day he will need the republicans, to be a run on the dollar or crisis in foreign affairs, he has to make sure that he hasn't so humiliated and alienated them that they will not stand with him. he is the president of the country. he has to remember that, not just the miles per hour liberals or the american democrats. >> bret: do you think there is regret that speaker boehner didn't take whatever the big

deal offer was from president obama and the white house in this situation? that he instead, you know, went to plan "b" scenario and kind of went his own way? >> no, i don't. i think for the republicans that was equally losing proposition. it would have pretended to set the bargain on very bad terms. best to give away what you have to give away today and then to fight on grounds the republican are stronger and the debt ceiling and the continueed resolution coming up in a few months. >> bret: agree? >> well, charles -- that is interesting. i thought charles thought this y shouldn't. you think they should move it -- >> it's -- i think at the last minute they will improve it. i think they should kill it. at the same time, announce hr-1 for thursday afternoon. and tell the nation and the

markets that tax cut will be there by 3:00. thursday afternoon. >> bret: last word. >> no. i think the grand bargain was good for -- i don't think it was good for them then and i don't think it's good for them now. >> bret: my resolution for both parties avoid scheduling the next legislative standoff around a holiday. maybe just midweek, sometimes. that is it for the panel. stay tupeed for latest news on the fiscal cliff as we come to the end of this show, but we will be covering it all night long. ♪ i wish my patients could see what i see. ♪ that over time, having high cholesterol and any of these risk factors can put them at increased risk for plaque buildup inheir arteries. so it's even more important to lower their cholesterol, and that's why, when diet and exercise alonaren't enough, i prescribe crestor. in a clinical trial versus lipitor,

crestor got more high-risk patients' bad cholesterol to a goal of under 100. [ female announcer ] crestor is not right for everyone. like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines yore taking. ll your doctoright away if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of rare but serious side effects. ♪ is your cholesterol at goal? talk to youdoctor about crestor. [ femalannouncer ] if you can't afford your medication, astrazeneca may be able to help.

♪ [ male announcer ] this is karen and jeremiah. they don't know it yet, but they're gonna fall in love, get married, have a couple of kids, children laughing ] move to the country, d live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some retirement people who are paid on salary, not commission. they'll get straightforward guidance and be able to focus on other things, like each other,